PROCEDURE-COURT

Landlord Can't Sue Rent Guarantor in an Eviction Proceeding

September 25, 2019    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and denied tenant's request to vacate the judgment entered in Nov. 2013. Tenant appealed and won. The nonpayment petition, and...

Landlord Made Sufficient Attempts to Deliver Court Papers

September 25, 2019    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that court papers weren't properly served, and asked the court to dismiss the case. The court ruled against tenant, who appealed and lost....

Landlord's Termination Notice Citing Unlawful Short-Term Rentals Was Insufficient

September 22, 2019    

Landlord sued to evict tenant for repeatedly subletting his apartment on a short-term basis through Airbnb. Tenant asked the court to dismiss the case, claiming that landlord's termination notice was insufficient...

Eviction Proceeding Needn't Be Delayed Because of Related Court Action

September 22, 2019    

Landlord sued to evict rent-stabilized tenant for failing to execute a renewal lease. Tenant asked the court to delay the eviction proceeding pending determination of a related NY State Supreme Court action commenced...

Landlord Didn't Identify Known Occupants by Name in Court Papers

August 27, 2019    

Landlord sued to evict tenant and other occupants named as "John Doe" and "Jane Doe." Tenant asked the court to dismiss the case because, although landlord knew the occupants' names, he didn...

Court Rules Tenant Should File Overcharge Claim with DHCR

August 27, 2019    

Tenant sued landlord, claiming improper apartment deregulation and rent overcharge. Landlord asked the court to dismiss the case and argued that the DHCR should determine tenant's claims under the primary...

Disabled Tenant Can Conduct Pre-Trial Questioning

August 27, 2019    

Landlord sued to evict tenant, whose tenancy was subject to the terms of a regulatory agreement between landlord and DOHMH, as well as a contract with OMH. Tenant claimed that landlord didn't comply with these...

Tenant's Unnotarized Affirmation Was Defective

July 23, 2019    

Landlord sued tenant, who asked the court to dismiss the case without trial. The court ruled against tenant due to a defect in his court papers. Tenant appealed and lost. Although tenant could submit to the court an...

Default Judgment Against Tenant Should Have Been Vacated Unconditionally

June 24, 2019    

Landlord sued to evict tenant. The court ruled for landlord based on tenant's default. The court later granted tenant's request to vacate the default judgment on condition that tenant pay over $18,000 in rent...

Landlord Vitiated Termination Notice by Accepting Rent Before Starting Eviction Case

June 24, 2019    

Landlord sued to evict tenant based on a lease violation for disturbing neighbors by playing loud music. Tenant asked the court to dismiss the case because landlord accepted rent from tenant after expiration of the...

Landlord Didn't Serve Timely Lease Nonrenewal Notice

May 24, 2019    

Landlord sued to evict rent-stabilized tenant, claiming that it had sent tenant a lease nonrenewal notice, also known as a "Golub notice." Tenant asked the court to dismiss the case. Tenant said that there...

Rent Demand Omitted Periods for Which Additional Rent Was Sought

May 24, 2019    

Landlord sued to evict Mitchell-Lama cooperative-shareholder tenant for nonpayment of rent. Landlord sought $6,181 for "rent, additional rent, miscellaneous charges and fees and costs." Tenant asked the...